New Zealand: Information on residence visas, residence permits and returning residence visas; who they are given to; rights and obligations; differences in rights and obligations for each; particular circumstances for Sri Lankan passport-holders

Canada: Immigration and Refugee Board of Canada, New Zealand: Information on residence visas, residence permits and returning residence visas; who they are given to; rights and obligations; differences in rights and obligations for each; particular circumstances for Sri Lankan passport-holders
, 30 October 2001, NZL37964.E
, available at: http://www.refworld.org/docid/3df4be8520.html [accessed 10 December 2016]

Disclaimer

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

The following information was provided by New Zealand's Self-Assessment Guide for Residence in New Zealand and Guide for Returning Resident's Visas (New Zealand Immigration Service Oct. 2001; Aug. 2001).

Residence visas are required for entry into New Zealand of all persons wishing to live, study or work indefinitely there. The visa is issued outside of New Zealand for a one-time entry into New Zealand, and is valid for 12 months from the date it was issued. The visa cannot be renewed or extended. Upon entering New Zealand, visa-holders will be given a residence permit (stamp) in their passport. This permit will allow them to remain in New Zealand indefinitely, but does not entitle the permit-holder to re-enter New Zealand after a departure. Once permit-holders have taken up residence in New Zealand, they may apply for a returning resident's visa, which will allow for free movement in and out of the country (a person with a valid returning resident's visa will be issued a new permit stamp every time they re-enter the country, which maintains the validity of their residence status). The first returning resident's visa is issued for a period of 2 years from the date of the first residence permit. The second returning resident's visa is indefinite. The returning resident's visa is not necessary for those persons remaining in New Zealand (with no intention of travelling abroad) under a residence permit (New Zealand Oct. 2001, 3-4).

Requirements for obtaining a second and indefinite returning resident's visa vary depending upon the applicant's demonstrated commitment to New Zealand. This commitment can either be shown through time spent in New Zealand (at least 184 days in each of the two 12-month portions of the 2-year period preceding the returning resident's visa application date), the applicant's tax status, investments, business, employment, or family links in the country. The level of commitment varies according to the applicant's circumstances within the 2-year period immediately preceding the application for the returning resident's visa (New Zealand Aug. 2001, 4-5).

Permit-holders who leave New Zealand without a returning resident's visa can apply for one at New Zealand diplomatic or consular services abroad, and will be required to provide evidence that they were lawful residents of New Zealand prior to their trip abroad and are entitled to the visa. Permit-holders whose returning resident's visa expires while abroad must also apply for a further returning resident's visa at diplomatic or consular services before attempting re-entry into New Zealand (New Zealand Aug. 2001, 12).

A returning resident's visa may be refused to permit-holders if their residence permit was revoked; they were deported from New Zealand; they are applying from outside of New Zealand and have an expired returning resident's visa; left New Zealand without a returning resident's visa. If refused, permit-holders will be required to re-apply for residence under the current policies and acceptance cannot be guaranteed (New Zealand Aug. 2001, 13).

There are special procedures for certain people applying for residence from Sri Lanka who arrived in New Zealand on or before December 1988 only (New Zealand Oct. 2001, 22).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

New Zealand. Immigration Service. October 2001. Zealand's Self-Assessment Guide for Residence in New Zealand. [Accessed 26 October 2001]

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.